AVTAR vs STATE NCT OF DELHI

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.01.2026 + BAIL APPLN. 4953/2025, CRL.M.A. 38186/2025 & CRL.M.A. 38187/2025 AVTAR .....Petitioner Through: Mr. S. C. Malhotra and Mr. Kunal Kishore, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with Inspector Ishwar Singh and Inspector Sushil Sanwaria, PS Badarpur. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 102/2023 of PS Badarpur for offence under Section 302/34 IPC. 2. Broadly speaking, prosecution case is as follows. According to the complainant de facto, near his shop, the accused/applicant, who is physically challenged and his friend Rahul were residing. On 20.02.2023 at about 10:00 pm, Rahul and the accused/applicant were quarrelling with a third person, whom the complainant de facto did not know. In the process of BAIL APPLICATION 4953/2025 Page 1 of 4 pages Digitally signed by GIRISH KATHPALIA GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 Signature Not Verified 0996b40f80cbd2eee60402c487965ff801e26fa , cn=GIRISH KATHPALIA Date: 2026.01.21 18:00:33 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:21.01.2026 18:09:13 quarrelling, all three went in an open area behind the temple after which Rahul came back and asked the complainant de facto for a danda. On being denied, Rahul went to his jhuggi and brought a danda and went behind the temple. Thereafter, the complainant de facto saw the accused/applicant and the third unknown person bleeding from their heads and Rahul was assaulting the said t